MEMORANDUM OF AGREEMENT

GROUND RULES FOR LOCAL NEGOTIATIONS 

BETWEEN

DLA Distribution Headquarters (HQ) and DLA Distribution Susquehanna, PA (DDSP)

AND

American Federation of Government Employees (AFGE), Local 2004 and Local 1156 

Articles 5 and 38 of the Master Labor Agreement (MLA)

1. Representatives of AFGE Local 2004 and Local 1156 hereinafter referred to as the “Union,” and 

representatives of DLA Distribution HQ and DLA DDSP, hereinafter referred to as the 

“Employer” and jointly referred to as the “Parties.”

2. The parties agree that these ground rules shall govern the conduct of all local negotiations, in 

accordance with Articles 5 and 38 of the Master Labor Agreement (MLA), between the Union 

and DLA Distribution HQ and DLA DDSP during the term of the MLA.

3. The Employer will determine the amount of people on their team. The Union will determine the 

amount of people on their team. 

4. Members of the Negotiating Teams, who are employees of DLA, will be on official time during 

negotiation sessions. Official time will be authorized for the time spent in face-to-face, or virtual, 

negotiations for a reasonable number of Union bargaining team members who would otherwise 

have been in a duty status. The parties agree that three to five Union bargaining team members

is a reasonable number. 

5. The Union will bear all travel and per diem costs (to include rental vehicle(s)) for their 

negotiating team members as well as travel and per diem costs (to include rental vehicle(s)) for 

any third-party proceedings. 

6. The parties will exchange a list of full names, titles, e-mail addresses, and telephone numbers of 

their respective team members no later than five (5) work days prior to the date set for the 

commencement of negotiations. Although the parties may replace team members as necessary, 

both parties agree stability of the negotiating teams is important for effective negotiations. If a 

party must make a change to their initial list of team members, then that party must notify the 

other party in writing as soon as practicable. Such notification will include the full name, title, 

work address, e-mail address, and telephone number of the new team member. 

7. Upon receipt of a proposed change, the President of AFGE Local 2004 or 1156, or his/her 

designee, may, within 10 calendar days submit a demand to bargain. The demand to bargain will 

include the Union’s proposals. This 10 calendar day time period may be extended upon mutual 

agreement of the Parties. Absent a mutual agreement to extend the 10 calendar day time period, 

the Union’s failure to submit the demand to bargain and proposals within the 10 calendar day 

time period constitutes a waiver, and the Employer may implement the change anytime 
thereafter. If the demand to bargain and negotiable proposals are not submitted within the 

allotted timeframe, then the Employer will proceed with the proposed change. 

8. Negotiations will be scheduled for two days each week, not to exceed seven (7) hours a day 

between the hours of 0900-1600, except as modified by mutual agreement between the parties. 

The exact days and times for negotiations will be identified by the Employer no later than Friday 

of the week prior. Short breaks and recesses during the negotiations will be by mutual consent. 

Lunch periods will be one hour. Negotiations will not be held on Federal holidays. The parties 

are expected to be punctual and remain at the table throughout bargaining. Negotiation sessions 

will be two weeks on, one week off, unless a change is mutually agreed to by the parties. 

9. The negotiations will be held in an agency provided local location, which will include caucus 

rooms. The Employer will not pay for offsite meeting space for negotiations. The parties 

encourage the use of electronic communications methods (e.g., video teleconferences, telephone 

conferences, office communicator) where appropriate and practicable for these negotiations and 

for pre-negotiations. 

10. Either party may call caucuses. However, caucuses will be held to the shortest time necessary. If 

a caucus is likely to exceed 15 minutes, then the party calling the caucus will notify the other 

party of the situation and discuss whether there will be an extended caucus, recess, or other 

arrangement the caucusing party requests so that time is not wasted. The caucusing party will 

make every reasonable effort to avoid delaying the negotiations unnecessarily. The party calling 

the caucus will leave the negotiating table and caucus in the designated room. Extended caucus 

periods will not alter or extend the period allotted to complete negotiations. Official time will not 

be granted for Union caucuses that exceed one (1) hour. 

11. The parties will initial and date agreed-upon MOAs as they are completed. After initialing or 

signing the MOA, it will not be subject to further discussion unless there is mutual agreement to 

reopen the agreed-upon MOA.

12. There will be no official transcripts of the negotiations. Each party may take and maintain their 

own notes. No recording devices are permitted in the negotiations. 

13. Agreements will be reduced to writing (i.e. , MOA, MOU). When an agreement is reached, it 

will be typed in final form and executed (signed and dated) by both parties without delay. All 

MOAs/MOUs will have an expiration date. The Employer will then forward all local 

agreements to HQ DLA and Council 169 for review and approval. 

14. It is the intent of the Parties to hold any individual article, and/or sections of articles on which 

agreement cannot be reached until all negotiable items on which agreement can be reached are 

disposed of. At that time, the Parties will make a diligent effort to resolve all outstanding articles 

and/or sections. If the diligent effort does not result in agreement, the services of the Federal 

Mediation and Conciliation Service will be requested by either or both parties. If the services of 

the Federal Mediation and Conciliation Service do not resolve the impasse, either party may 

request the Federal Services Impasses Panel (FSIP) to settle the dispute in accordance with 5 

U.S.C. 7119. 
15. Once negotiations have commenced, any changes to these procedures may be made only by 

mutual consent of the Chief Negotiators. Any new or modified terms agreed to will be reduced 

to writing and signed and dated by the Chief Negotiators. 

16. In accordance with Article 38, Section 5A, upon completion of negotiations the Agency will 

prepare the local agreements in final draft and all local agreements will be forwarded to HQ 

DLA and Council 169 for review. The national parties have 30 days to identify provisions which 

are in conflict with this Master Agreement, statute or government-wide regulation. If HQ DLA 

or Council-169 disapproves any portion of the agreement, the remaining portions will go into 

effect. If either HQ DLA or Council 169 determines that agreement language deletes, changes, 

nullifies or conflicts with any provision, policy or procedure in the MLA, such language will be 

remanded to the local parties for renegotiation, unless the other party submits the matter for 

binding arbitration within the time limits specified in Article 37. If either HQ DLA or Council 

169 determines that local agreement language is non-negotiable, such language will be remanded 

to the local parties for renegotiations, unless the other party submits the matter to the FLRA for 

resolution. The parties will begin re-negotiations within 15 days of receipt of the HQ DLA or 

Council-169 disapproval. Once agreement has been reached on those provisions, and approved 

by HQ DLA and Council-169, they will be included in the parties’ agreement. 

17. In the event FSIP asserts jurisdiction over any of the Local Agreements at impasse, any decisions 

rendered will be forwarded to HQ DLA and Council 169 for review and will be made effective 

either after approval or after 30 days has elapsed. 

18. This Memorandum of Agreement becomes effective upon DLA HQ and Council 169 review or 

after 30 days from the signing of the agreement and expires when the MLA expires. 

For the Union: For DLA: 

_______________________________ ________________________________ 

 

Da’Laine Simpson Chief Negotiator

AFGE, Local 2004 DLA, Distribution HQ and DDSP 

_______________________________ 

 

Shawn Thomas 

AFGE, Local 1156